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EU Law Flashcards

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1
Q

Non discrimination is a “general principle” of EU law. Domestic law should be read so as to give effect to that principle.

A

Mangold

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2
Q

Authority for indirect effect

A

Von Colsen (woman relied on equal treatment directive even though not emanation of the state)

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3
Q

Action based on directives can be brought against an emanation of the state where the real target is an individual - mere adverse repercussions for the individual is not a bar

A

Arcor

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4
Q

Where a directive grants no discretion to the state and they implement legislation which does not achieve the aim of the directive, sufficiently serious for state liability action

A

Ex p Hedley Lomas

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5
Q

Cases of incidental effect

A

Unilever, CIA

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6
Q

Definition of sufficiently serious (state liability)

A

Brasserie du Pecheur “manifestly and gravely disregarded the limits on its discretion”

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7
Q

During transposition period, MS cannot take steps likely to seriously compromise the achievement of the directive, duty of courts to read law accordingly

A

Adeneler

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8
Q

Commission is not bound to act when MS in breach of EU law

A

Star Fruit v Commission

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9
Q

Indirect effect applies to all domestic law, not just implementing law

A

Marleasing

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10
Q

Directive can be used as a shield in a dispute between private partiesd be

A

Incidental effect - Unliever, CIA

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11
Q

Article for directives

A

288

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12
Q

Art 260: Lump sum AND daily penalty can be imposed

A

Commission v France

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13
Q

EU law supreme even where provision is minor

A

International Handelsgeselschaft

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14
Q

Test for emanation of the state

A

Foster - performs public services, uses public money, has special powers

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15
Q

Authority that courts are also subject to enforcement proceedings

A

Commission v Italy (consistent interpretation of law so as to violate EU law)

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16
Q

Case which established state liability for breach of EU law

A

Frankovitch

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17
Q

Mangold extended to where implementation period has expired

A

Kucukdeveci

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18
Q

Commission has discretion whether / when to act to enforce EU law

A

Commission v France

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19
Q

Applicable articles for enforcement proceedings

A

Arts 258 - 260

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20
Q

Definition of state for purposes of enforcement proceedings

A

Commission v Belgium “all state agencies including constitutionally independent institutions”

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21
Q

Commission need not institute enforcement proceedings even where there is a flagrant/obvious breach

A

Luetticke

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22
Q
A
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23
Q

Where domestic and EU law conflict and EU law would render one criminal, domestic law prevails

A

Luciano Arcoro

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24
Q

Forum for a Frankovitch action

A

Domestic courts

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25
Q

ECJ not bound by Commissions recommendations re fines and penalties under Art 260

A

Commission v Greece

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26
Q

Nature of directives

A

Binding on MSs a to result, form and methods up to MSs

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27
Q

Authority for supremacy of EU law

A

Costa v ENEL

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28
Q

Commission can give very short time periods for compliance / response to reasoned opinion where neccessary

A

Commission v France

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29
Q

Directives can have direct effect only when time limit is up

A

Ratti

30
Q

Estoppel argument - MS can’t rely on their own failure to implement in order to gain an advantage

A

Ratti

31
Q

Definition of incidental effect

A

Whereby directive can be used as a shield where its non implementation has ramifications in a dispute between two private parties

32
Q

Where EU law breached because of bona fide mistake, not sufficiently serious for state liability

A

ex p BT

33
Q

Authority that a court of last instance is part of the state for the purposes of state liability

A

Koebler v Austria

34
Q

Emanation of the state: degree of state control, owned by public authority

A

Rohrbach

35
Q

Incidental effect applies to ALL domestic law, not just implementing law.

A

Pfeiffer

36
Q

Directives can’t be horizontally directly effective

A

Marshall AND Faccini Dori

37
Q

Authority that directives can be directly effective

A

Van Duyn v Home Office

38
Q

Failure to implement a directive is always sufficiently serious for a state liability action

A

Dillenkofer

39
Q

Conditions for state liability for breach of EU law

A

Brasserie du Pecheur 1. intended to confer rights 2. breach was sufficiently serious 3. causation

40
Q

Individuals cannot require the commission to adopt a position on a specific issue

A

Commission v T Mobile

41
Q

Underlying reason for enforcement proceedings

A

MSs obligation to uphold EU law under Art 4(3) of TEU

42
Q

Definition of indirect effect

A

Duty of courts to read domestic law so as to achieve the ends of a directive

43
Q

Conditions for direct effect

A

Van Gend en Loos - sufficiently clear, precise and unconditional

44
Q

Hospital is an emanation of the state: performing a services, public money

A

Vassallo

45
Q

Irrelevant as to why commission chooses to institure enforcement proceedings (no improper purposes defence)

A

Commission v UK

46
Q

Good faith duty of MSs to comply with enforcement proceedings

A

Commission v Ireland

47
Q

Authority for direct effect of ALL EU law

A

Van Gend en Loos

48
Q

Which article governs action for annulment

A

Art 263

49
Q

What measures can be challenged under an action for annulment (and cite authority)

A

ALL measures intended to have legal effect - look to function not form (ERTA case)

50
Q

What are the 4 steps in an action for annulment

A
  1. Reviewable measure 2. Standing 3. Grounds 4. Time limit
51
Q

When can a non-privileged applicant challenge EU law under Art 263

A

Where a) the act is addressed directly to them or b) they have direct and/or individual concern (for regulatory acts, direct concern only)

52
Q

What case contains the test for direct concern and what is the test

A

Les Verts. 1 Must be a legal interest 2. there must be a direct link between the measure and the damage “a complete set of rules, sufficient in itself, requiring no implementing measures”

53
Q

What is the test for individual concern and what case was it from

A

Plaumann: differentiated from all other persons because of attributes that are peculiar to them

54
Q

Company applied to join a scheme before the EU declared it illegal and closed membership. They had individual concern so had standing.

A

Campina (KFC)

55
Q

5 cases, in order, which show the changing attitudes of the ECJ to standing

A

Cordoniu (trademarks on sparkling wine) - standing even though they didn’t pass Plaumann test because they had had the trademark since 1924

REVERESED BY Baralux - bearing almost the only person affected by a measure is insufficient

OPINION of AG in UPA case - test should be more generous

APPLIED by lower court in Jego Quere

BUT ECJ reversed that in Reynolds Tobacco - which is the authority that the Plaumann test still stands

56
Q

Test for group standing and what the requirements are

A

ANB v Council (sugar beet) *Procedural powers conferred on trade assoc by legislation *Members themselves have standing *interests of association itself affected

57
Q

The case that confirmed the test for group standing

A

Greenpeace

58
Q

What is a court for the purposes of making a preliminary reference (cite the case)

A

Dorsch Consult - For ECJ to decide - includes whether independent, applies rule of law, permanent, decisions are compulsory

59
Q

Case that says a medical regulation authority is a tribunal for the purposes of making a preliminary reference

A

Broeckmulen

60
Q

National courts have the widest discretion as to whether to make a preliminary reference, national legislation can’t prevent them from doing so

A

Rheinmulen

61
Q

Case which explains that interpretation of EU law is for ECJ and application to the facts is for the domestic court

A

Simmenthal

62
Q

Questions on which topics can’t be referred to the ECJ (and what articles say so)

A

Foreign and security policy, police, law enforcement. Arts 275 & 276

63
Q

Case was manufactured so ECJ refused to rule on it

A

Foglia

64
Q

ECJ would not rule on a preliminary reference that did not supply enough information

A

Telemarsicabruzzo

65
Q

It’s up to the domestic court whether it decides the domestic law bit of a case requiring a prelim ref before or after ECJ judgement

A

Irish Creamery

66
Q

What must be included in a reference

A

1997 guidelines: Facts, explanation of national law, reasons for reference, summary of arguments

67
Q

Where an issue is materially identical to one already ruled on by the ECJ, there is no duty for a court of last instance to refer it

A

Da Costa

68
Q

The case which established act clere

A

CILFIT: No reference neccessary if the ECJ has already ruled on an analagous case OR if the answer is obvious (wool is fairly obviously of animal origin)

69
Q

Definition of act clere

A

where an issue is analogous with one already decided by the ECJ, but not materially identical there is not duty to refer AS LONG AS it would be equally obvious to a court in another MS (given different translations), there’s no scope for reasonable doubt

70
Q

A national court cannot declare EU law illegal

A

Foto frost

71
Q

A national court cannot declare EU law illegal even where ECJ has declared almost identical law illegal

A

Schul

EU Law (8 decks)

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